SAM, Thomas v R SAM, Manju v R [2011] NSWCCA 36

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: SAM, Thomas v R SAM, Manju v R [2011] NSWCCA 36 Hearing dates: 12 October 2010 Decision date: 10 March 2011 Before: McClellan CJ at CL at [1] Hoeben J at [179] R A Hulme J at [180] Decision: 1. Appeals against conviction dismissed. 2. Leave to appeal sentences granted but appeals dismissed Catchwords: CRIMINAL - Appeal against conviction - criminal negligence manslaughter of baby - standard of care of a reasonable parent - standard of care of a reasonable homeopath - verdict unreasonable having regard to evidence - not callous disregard or uncaring negligence - evidence of medical appointments not sufficient to refute liability - appeal dismissed.

CRIMINAL - Appeal against sentences - severity appeal - delay in bringing trial to court - second child born in interim - extra-curial punishment not found - appellant threatened sentencing judge but judge not required to step down - Leave to appeal against sentences granted but appeals dismissed. Legislation Cited: Limitation Act 1969 (NSW). NSW Lotteries Corporation Act 1996 (NSW) Public Lotteries Act 1996 (NSW). State Owned Corporations Act 1989 (NSW) Cases Cited: Hill v R [2003] NSWCCA 16 Masciantonio v R (1995) 183 CLR 58 R v Eriksson [2001] NSWSC 781 R v HA [2008] NSWSC 1368 R v HMF [2005] NSWSC 1214 R v Johnston [2007] SASC 300 R v McDonald [2001] NSWCCA 301 R v O'Brien [2003] NSWCCA 121 R v Taktak (1988) 14 NSWLR 226 R v Wilkinson [1999] NSWCCA 248 Rickard v R [2007] NSWCCA 332 TKWJ v The Queen (2002) 212 CLR 124 Category: Principal judgment Parties: Thomas Sam (appellant) Manju Sam (appellant) The Crown Representation: Counsel: J Glissan QC/W Wilcher (Thomas Sam) M Thangaraj SC/D Barrow (Manju Sam) D M L Woodburne SC (Crown) Solicitors: KP Lawyers and Barristers (Thomas Sam) Uther Webster & Evans (Manju Sam) Director of Public Prosecutions (Crown) File Number(s): 2008/19297 2008/19298 Decision under appeal Citation: NSWSC1003 Date of Decision: 2009-09-28 00:00:00 Before: Johnson J File Number(s): 2008/19297 2008/19298